Forster Private Hospital Pty Ltd Summary

[2013] FWCA 310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Forster Private Hospital Pty Ltd
(AG2012/14486)

FORSTER PRIVATE HOSPITAL AND NSWNMA/ANF ENTERPRISE AGREEMENT 2012-2015

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 17 JANUARY 2013

Application for approval of the Forster Private Hospital & NSWNMA/ANF Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Forster Private Hospital and NSWNMA/ANF Enterprise Agreement 2012-2015 (“the Agreement”). The application has been made by Forster Private Hospital Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The New South Wales Nurses and Midwives’ Association (“NSWNMA”) and the Australian Nursing Federation - New South Wales Branch (“ANF”) concur with the content of the undertakings. The NSWNMA and ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 March 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Forster Private Hospital Pty Ltd for approval of the Forster Private Hospital & NSWNMA/ANF Enterprise Agreement 2012-2015. The dispute centred around the hospital's request to have the enterprise agreement, which outlined terms and conditions of employment for its staff, formally approved by the Commission. The hospital argued that the agreement was necessary to ensure the efficient and effective operation of the hospital.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall financial and non-financial benefits of the agreement must be at least equal to the existing terms and conditions of employment. The Commission also had to consider whether the agreement complied with procedural requirements, including the need for genuine bargaining and proper notification to relevant parties.

The Fair Work Commission found that the proposed enterprise agreement was a BOOT agreement. The Commission determined that the agreement provided sufficient financial and non-financial benefits to the employees, ensuring that they were not worse off overall. The Commission also concluded that the agreement was the product of genuine bargaining between the hospital and the relevant employee representatives. Additionally, the hospital had adequately notified the relevant parties of the agreement and the application for its approval. Based on these findings, the Commission approved the enterprise agreement, confirming that it met the statutory requirements under the Fair Work Act.

In approving the enterprise agreement, the Commission issued orders that the agreement would be registered and would have effect from the date of the Commission's decision. The agreement was to apply to the employees covered by the agreement, and the terms and conditions set out in the agreement would replace any conflicting terms in existing awards or agreements. The hospital was required to ensure compliance with the approved agreement and to provide any necessary information to the Commission upon request.

Forster Private Hospital Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established